Every person employed in Canada has the right to a safe work environment. Each province, territory and the federal government has its own occupational health and safety (OHS) law, but the basic ideas are the same everywhere. The details differ, so check with your provincial or territorial regulator.
Your three rights
- The right to know about hazards at work and to get the information, instruction, training and supervision you need to work safely. Labels, safety data sheets and safe work procedures are all part of this.
- The right to participate in health and safety, for example by reporting concerns, making suggestions, or serving on the health and safety committee or as a health and safety representative.
- The right to refuse work you have reasonable cause to believe is dangerous to you or someone else.
Refusing unsafe work
The right to refuse is meant for serious dangers, usually after the other two rights haven't fixed the problem. The steps vary a bit by jurisdiction, but generally:
- Tell your supervisor or employer right away that you're refusing, and why.
- If they agree, they fix the problem and you go back to work. If they disagree, they explain why.
- In most jurisdictions a health and safety committee member or representative helps investigate.
- If you still can't agree, an inspector from the regulator is called and decides what happens.
Your employer can assign you reasonable other work while this happens. It's against the law for an employer to punish or threaten you for using your health and safety rights. Some situations limit the right to refuse, for example when the danger is a normal part of the job or refusing would put someone else directly in danger.
Who's responsible for what
Employer
- Take every reasonable precaution to protect workers
- Tell workers about potential and actual hazards
- Give written instructions on safety measures and procedures
- Investigate reports of hazards, including work refusals
Supervisor
- Acts on behalf of the employer and shares the employer's duties
- The employer must appoint a competent supervisor who makes sure safe working conditions are always followed
Worker (you)
- Work safely, as the law and your employer require
- Use the safety equipment your employer requires
- Tell your supervisor or employer about missing or defective equipment or protective devices
- Report hazards
In Ontario, workers and supervisors must complete basic health and safety awareness training under O. Reg. 297/13. The ministry's own program, Worker Health and Safety Awareness in 4 Steps (opens in a new tab), meets the requirement and covers these same rights.
Key takeaways
- You have the right to know, the right to participate and the right to refuse unsafe work.
- Use the right to refuse for serious dangers, and tell your supervisor right away.
- Your employer can't legally punish you for using your health and safety rights.
- Rules differ by province and territory, so check with your regulator.